 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Devaney v. Thriftway Marketing Corp.12/22/1997
ay's filing of its suit against DeVaney. Additionally, there are disputed facts which could demonstrate that Thriftway misused the judicial process, specifically by misusing discovery, a motion for default judgment, and voluntary dismissal. Further, there is a genuine issue of material fact as to whether Thriftway acted primarily for an improper purpose, either because it possessed knowledge that it lacked probable cause or because it acted primarily to silence DeVaney's non-tortious speech. Finally, there are unresolved issues of material fact regarding the damages sustained by DeVaney as a result of Thriftway's suit against him. Accordingly, we reverse the grant of summary judgment by the district court and the affirmance by the Court of Appeals. We remand this cause for trial on the merits of DeVaney's claim as one of malicious abuse of process.
{55} IT IS SO ORDERED.
PAMELA B. MINZNER, Justice
WE CONCUR.
GENE E. FRANCHINI, Chief Justice
JOSEPH F. BACA, Justice
PATRICIO M. SERNA, Justice
DAN A. McKINNON, III, Justice
|